Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislative development. The Committee notes the Government’s indication, referring to article 14 of the Constitution of 2005, that section 5 (item IV) of the new draft Labour Code specifies the prohibition of discrimination in employment and occupation, vocational training and trade union membership services at the workplace. The Committee recalls the importance of ensuring effective protection against discrimination at all stages of the employment process. The Committee hopes that section 5 of the new Labour Code will include a comprehensive definition and prohibition of direct and indirect discrimination in employment and occupation, with respect to all stages of the employment process and based on all the grounds set out in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin; and it requests the Government to continue to provide information on any further developments in this regard, and to provide a copy of the new Labour Code as soon as it is adopted.

Sexual harassment. In reply to its previous comments regarding measures to prohibit and prevent sexual harassment at work, the Committee notes the Government’s reference to sections 393–404 of the Penal Code regarding “crimes which jeopardize public decency and morals”. The Government also refers to sections in the Labour Code permitting dismissal if “a worker behaves on more than one occasion in a manner which does not honour his or her work” or “if a worker commits during work a misdemeanour or felony against his or her colleagues at work, for which he or she was sentenced by virtue of a judicial decision”. Considering that the existing legislation may not provide full and adequate protection against all forms of sexual harassment in the workplace, the Committee asks the Government to consider including in the draft Labour Code provisions explicitly defining and prohibiting sexual harassment at work, taking into account the elements set out in its 2002 general observation on this issue. Please also provide information on the practical measures taken to prevent and address sexual harassment at work.

Articles 2 and 3 of the Convention. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes the information provided by the Government regarding its efforts to promote women’s participation in international meetings, programmes of the United Nations, and diplomatic posts abroad. It also notes that 350 women are employed in decision-making posts, including the posts of director-general, assistant director-general, adviser, public inspector and undersecretary of state. The Committee asks the Government to provide additional information on the specific measures taken to promote the equal participation of men and women in the labour market (public and private sectors). Please also provide information on any proactive measures to promote equality of opportunity and treatment in employment and occupation of men and women belonging to ethnic or religious minorities, and statistical information indicating the level of participation of men and women and persons belonging to ethnic or religious minorities in the various occupations and sectors of activity in the private and public sectors.

Article 3(b). Educational programmes. The Committee reiterates its request to the Government to provide more detailed information on the measures taken to raise awareness of the principle of equality of opportunity and treatment in employment and occupation among workers and employers and their organizations, as well as among relevant public officials.

Article 5. Special measures of protection. The Committee notes the Government’s reference to sections 75, 81 and 82 of Labour Code No. 71 of 1987 regarding certain protective measures for women, including pregnant women. Noting that the Labour Code is being revised, the Committee asks the Government to ensure that protective measures regarding women’s employment in the new Labour Code will take into account the principle of equality of opportunity and treatment between men and women and be strictly limited to maternity protection. Please indicate whether Resolution No. 480 of 1989 prohibiting women from working in certain occupations is still applicable, and provide information on any other existing rules or regulations restricting the access of women to certain jobs or occupations.